The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1887-04-22
The Madras Case.
SUPREME C0URT---hpRlL TERM,
1887.
JUSTICE M'cULLY, PRESIDING.
BEFORE A JURY.

Whiting and Deputy Attorney-Gen-
eral Peterson for defendant.
In this case the owners of the
British steamship Madras lay claim
to the sum of S35, 5000 for tres
pass, the particulars of which are
fully set forth in the following de-
| claration:--
DECLARATION.
Supreme Court of the Hawaiian
Islands, April term, 1886. Tres
pass. John Chapman, Mountioy
Pearse, Jos. Morgan, Henry Gotto,
George Y. Blair, Theodore &. lay
lor and Herbert A. Harris VS.. the
Hawaiian Government.
To the Honorable A. Francis Judd,
Chief Justice of the Supreme
Court:
John Chapman, of London, Eng
land, owner of thirty-eight shares in
the British steamship Madras herein
mentioned; Mountjoy Pearse, of
Stockton-Tees, England, owner of
nine shares in the said Madras;
Joseph w. Morgan, owner of eight
shares in the said Madras; Henry
Gotto, of said London, owner of
three shares in said Madras; George
Y. Blair, of said Stockton, owner of
two shares in said Madras Theo-
dore &. Taylor, of York, England,
owner of two shares in the said
Madras; the said plaintiffs claim of
the Hawaiian Government, the said
defendant, $50, 5000 with interest
from the second day of March,
1886, for damages resulting to
them for injury done TO their pro-
perty by the defendant, for that
On or about the 10th of March,
1888. the said British steamship
Madras of the gross burthen of
1851 22-1O0, the property of the
plaintiffs in proportion as aforesaid,
in charge and under command of
w. II. Bradley as master, arrived
at the port of Honolulu, of the Isl
and of Oahu, one of the said Ha-
waiian Islands, from Hongkong,
China, bound for said Honolulu
with about six hundred passengers
for said Honolulu, and about one
hundred and thirty-nine Chinese
passengers en- route for Victoria in
British Columbia, and with the con-
tagious disease of smallpox prevail
ing among the said passengers, of
which disease the Board of Health
of the said Hawaiian Government
was duly informed by the said
master, and due application was
thereupon made on behalf of the
said Madras that she might be
entered at the Custom House of the
said Hawaiian Government at the
said port of Honolulu might be
landed in quarantine.
But, the defendant with force and
arms for a period of about fifty
three days from the said 10th of
April, A. ID. 1888, or Whereabouts,
to the 4th day of June, A. ID. 1888,
or whereabouts, prevented and de-
tanned the said Madras from coming
into the port of Honolulu, from en-
tering at the Custom House, from
landing any Of the passengers in
quarantine or otherwise, and during
this period of time neglected and
refused to establish any quarantine
to be performed by the said Madras
though requested to do so by the
representative of the plaintiff; but
the defendant compelled the said
Madras to remain and detained her
in the open roadstead of the said
port during the said period to the
damage of the plaintiffs as afore-
said according to the bill of par
ticulars hereto annexed and made a
part of this complaint, which the
plaintiffs allege was done in con-
travention of their private rights
under the laws.
Wherefore the plaintiffs ask that
the defendant be cited to appear
and answer the complaint before
jury of the country at the next term
of this Court unless otherwise sooner
disposed of by judicial authority.
The above document is signed by
the parties named; by John Chap
man, managing owner of the steam
ship Madras; by his attorney in
fact, Theo. ii. Davies and was
subscribed and sworn to on the
18th day of March, 1886, before
Henry Smith, Deputy Clerk of the
Supreme Court.
The Bill of Particulars mentioned
is tabulated as folfows:--
Loss on 1861 tons gross
register for detention at
Cd. per day according to
customary allowance OF
the British Admiralty
Courts, e42 0s. Cd. per
day for 50 days, equals .Sll 1876 60
Subsistence OF 739 men, SO
days at 4Oc. per day 1866 so
Four boats OF fresh water, 800 90
Seventy-nine and II half
tons coal, for condensing
water for use on board
at $l3 SO. .....,..... 1913 %
Interest from June End,
1883, to March End,
1856, or 3 years and 8
months ..,.. G,973 70
Total .,.,..,......, S35,l50 80
TO the foregoing document is
| otto oh a1 tho nrIar nf Gh;af Jnctioa